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Improvement Contracts_Selco Inc., Pavement Marking ProjectMasterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC SERVICE CONTRACT City of Dubuque Engineering Dept. 50. W. 13th Street Dubuque, IA 52001 (563) 589 -4270 (T1 (563) 589 -4205 (F) THIS PUBLIC SERVICE CONTRACT (the Contract), made in triplicate, between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and City of Selco, Inc. (Contractor) of (Contractor Name) 15 South Main Street, Dubuque, IA 52001 (Contractor Address — City and State). PROJECT TITLE: 2012 PAVEMENT MARKING PROJECT For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for (the Project): As detailed in the Construction Documents Manual. The work described above shall be completed at the following location(s): As detailed in the Construction Documents Manual. The Project shall be performed in strict in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: This Service Contract; all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and Specifications and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5 %) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Project Document Manual and has examined and understands the project description described in Section 1 and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. The Contractor shall fully complete the Project under this Contract on or before September 30, 2012. 8. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 9. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or General Contractors. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the contract, special conditions and contractors proposal is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT ESTIMATED AMOUNT $74,604.31 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA CONTRACTOR: S E L_C -Q1 Inc . By: ' (VanMiIIigen Michael Date Company Name City Manager �y By: '/ Signature Date 4 Printed Name W\cLAc 1- WO \ck- • Title \J :� A. CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: da By: // off Signature Date Printed Name Title \j /K._ p {e,50,e ,.,,,� The following special conditions shall apply to this Project: SEE ATTACHED BID ITEM DESCRIPTIONS AND ALL PROJECT SPECIFICATIONS AS DETAILED IN THIS CONSTRUCTION DOCUMENT MANUAL. CONTRACT DOCUMENTS SHALL MEAN AND INCLUDE THE CITY OF DUBUQUE STANDARDS AND SPECIFICATIONS - APRIL, 1995. AW a CERTIFICATE OF LIABILITY INSURANCE 6�22�2012 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004 -0759 CONTACT Steve Schlueter NAME: (A /CC. No Ext): (563) 556 -0272 I (AIC, No): (563) 556 -4425 ADDRESS: PRODUCER CUSTOMER ID # 00004023 INSURER(S) AFFORDING COVERAGE NAIC # INSURED SELCO 15 S. Main Street Dubuque IA 52001 INSURERA Westfield. Companies LIABILITY OCCUR INSURER B: INSURER C: 1/1/2012 INSURER D: EACH OCCURRENCE INSURER E : X INSURER F : $ 100,000 COVERAGES CERTIFICATE NUMBER:12 -13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR wvo POLICY NUMBER POLICY EFF JMMIDD/YYYYUMM/DD/YYYYL POLICY EXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL X LIABILITY OCCUR TRA3107184 1/1/2012 1/1/2013 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE MEDEXP(Anyoneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY n IMF - JEC PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TRA3107184 • 1/1/2012 1/1/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Hired/borrowed $ Non -owned $ 1,000,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE TRA3107184 1/1/2012 1/1/2013 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ 0 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N 1 A WCP5361095 1/1/2012 1/1/2013 X 1 WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC6RD 101, Additional Remarks Schedu e, if more space Is required) THE CITY OF DUBUQUE IS AN ADDITIONAL INSURED ON GENERAL LIABILITY POLICIES INCL. ONGOING & COMPLETED OPERATIONS COVERAGE EQUIVILANT TO ISO CG 2010 0704 & CG 2037 0704. GENERAL LIABILITY POLICY IS PRIMARY & NON- CONTRIBUTING. FORM CG 2503 0397 "DESIGNATED PROJECTS" GENERAL LIABILITY AGGREGATE LIMIT SHALL BE INCLUDED. GOVERNMENTAL IMMUNITIES ENDORSEMENT IS INCLUDED. ALL POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAYS ADVANCE NOTICE OF CANCELLATION TO CITY OF CERTIFICATE HOLDER CANCELLATION CITY OF DUBUQUE CITY HALL 50 W. 13TH STREET DUBUQUE, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott DeSousa, • CIC/AW ACORD 25 (2009/09) INS025 (200909) ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD